Published: Thursday, January 31, 2013 at 6:37 p.m.

Last Modified: Thursday, January 31, 2013 at 7:38 p.m.

Thursday was the day that about 1,200 local public-access pool and spa operators, including hotels and motels, were required to modify their pools for disabled persons, mainly by installing lifts or having sloped entries.

Some hotel owners grudgingly paid thousands to install the lifts and met the U.S. Justice Department deadline, which had been extended. Some didn't, for a variety of reasons.

"I believe a majority of them have or will comply," said Bob Davis, president and CEO of the Hotel Lodging Association of Volusia County, which opposed the requirement. "The industry is doing what it has to do. We fought the battle and lost and it's time to comply."

Julie Shaw, executive director of the disAbility Solutions for Independent Living nonprofit agency based in Daytona Beach, does not believe "a majority" are in compliance.

"Even before the extension, many were looking for ways around the law," she said Thursday. "There is a lot of resistance locally. I think 25 percent are compliant. It takes time for some to respond and to do what's right."

In July 2010, President Barack Obama announced revised Americans with Disabilities Act (ADA) regulations. They included the requirement that publicly accessed pools provide disabled persons the same access as an able-bodied person.

"It's more for visitors to our area than the residents, but we have issues with limited beach assess for the disabled," said Michael Porter, president of the Handicapped Adults of Volusia County. "Right now, the disabled have to sit back on the pool decks and watch people enjoying the pools and beaches and see how they are being exploited."

The initial pool access deadline of March 15, 2011 was extended to May 21, 2011 and then Jan. 31, 2013 to clarify the rules.

Elite Hospitality in Ormond Beach moved quickly to comply soon after the second extension, said Manoj Bhoola, company president. Lifts have been installed for at least six months at the company's 11 hotels, including two oceanfront hotels in Ormond Beach and two near Daytona Beach International Airport.

"We did it fast to avoid the threat of lawsuits like has happened in the past in Daytona," he said.

Each lift at Elite cost about $9,000 installed and there are multiple lifts at hotels with outdoor pools, indoor pools and hot tubs. The cost was "substantial," Bhoola said.

The cost — about $5,000 in their case — has prevented Robert and Patricia Curtis from meeting the deadline at their small, 11-room Valdora Court Motel in New Smyrna Beach. The couple in May said they were considering filling in the pool rather than complying.

Instead, they are filing an extension plan that shows them behind on their mortgage payments to Patricia Curtis' parents, who sold them the 30-year-old motel. They also will ask for time to save the money to buy the needed lift.

"We got bids to fill in, but decided to try and keep it," Robert Curtis said. "I think it's unfair to broad brush everyone like this. If we put one in, it's going to be a liability because the pool is unsupervised. Children will play on it."

Curtis could not recall having a guest in a wheelchair.

Gary Brown, owner of the Sun Viking Lodge in Daytona Beach, said his three lifts are on order and should be installed within a month. The models he was looking at cost between $2,500 and $5,000 each.

"Seems like a lot of us waited until the last minute and the supply can't meet the demand," Brown said. "The problem is there are so many varieties and they all say they are ADA compliant. But, I've heard horror stories about some not working and others being recalled. I wanted to make sure of what I was buying and took a while to make up my mind."

Merle Kappelmann, owner of the Flamingo Inn in Daytona Beach Shores, said she forgot about the deadline while being on vacation the past two months.

"We are a small property, been here 30 years and maybe had 20 disabled guests," she said. "It will be difficult laying out that kind of expense for something that will sit by the pool rusting and unused."

But, for disability rights activists, the law is about equality.

"The disabled guests pay the same for a room at a hotel and even pay the facility fee for the amenities," Shaw said. "I have not heard of a hotel offering to reimburse a disabled guest because they could not access the pool, fitness room or spa."

Enforcement is complaint-driven. Pool owners, if a complaint is verified, could pay a civil fine of $55,000 for a first violation and $110,000 for a subsequent violation, according to Dena Iverson, a spokeswoman with the U.S. Justice Department.

<p>Thursday was the day that about 1,200 local public-access pool and spa operators, including hotels and motels, were required to modify their pools for disabled persons, mainly by installing lifts or having sloped entries. </p><p>Some hotel owners grudgingly paid thousands to install the lifts and met the U.S. Justice Department deadline, which had been extended. Some didn't, for a variety of reasons. </p><p>"I believe a majority of them have or will comply," said Bob Davis, president and CEO of the Hotel Lodging Association of Volusia County, which opposed the requirement. "The industry is doing what it has to do. We fought the battle and lost and it's time to comply." </p><p>Julie Shaw, executive director of the disAbility Solutions for Independent Living nonprofit agency based in Daytona Beach, does not believe "a majority" are in compliance. </p><p>"Even before the extension, many were looking for ways around the law," she said Thursday. "There is a lot of resistance locally. I think 25 percent are compliant. It takes time for some to respond and to do what's right." </p><p>In July 2010, President Barack Obama announced revised Americans with Disabilities Act (ADA) regulations. They included the requirement that publicly accessed pools provide disabled persons the same access as an able-bodied person. </p><p>"It's more for visitors to our area than the residents, but we have issues with limited beach assess for the disabled," said Michael Porter, president of the Handicapped Adults of Volusia County. "Right now, the disabled have to sit back on the pool decks and watch people enjoying the pools and beaches and see how they are being exploited." </p><p>The initial pool access deadline of March 15, 2011 was extended to May 21, 2011 and then Jan. 31, 2013 to clarify the rules. </p><p>Elite Hospitality in Ormond Beach moved quickly to comply soon after the second extension, said Manoj Bhoola, company president. Lifts have been installed for at least six months at the company's 11 hotels, including two oceanfront hotels in Ormond Beach and two near Daytona Beach International Airport. </p><p>"We did it fast to avoid the threat of lawsuits like has happened in the past in Daytona," he said. </p><p>Each lift at Elite cost about $9,000 installed and there are multiple lifts at hotels with outdoor pools, indoor pools and hot tubs. The cost was "substantial," Bhoola said. </p><p>The cost &mdash; about $5,000 in their case &mdash; has prevented Robert and Patricia Curtis from meeting the deadline at their small, 11-room Valdora Court Motel in New Smyrna Beach. The couple in May said they were considering filling in the pool rather than complying. </p><p>Instead, they are filing an extension plan that shows them behind on their mortgage payments to Patricia Curtis' parents, who sold them the 30-year-old motel. They also will ask for time to save the money to buy the needed lift. </p><p>"We got bids to fill in, but decided to try and keep it," Robert Curtis said. "I think it's unfair to broad brush everyone like this. If we put one in, it's going to be a liability because the pool is unsupervised. Children will play on it." </p><p>Curtis could not recall having a guest in a wheelchair. </p><p>Gary Brown, owner of the Sun Viking Lodge in Daytona Beach, said his three lifts are on order and should be installed within a month. The models he was looking at cost between $2,500 and $5,000 each. </p><p>"Seems like a lot of us waited until the last minute and the supply can't meet the demand," Brown said. "The problem is there are so many varieties and they all say they are ADA compliant. But, I've heard horror stories about some not working and others being recalled. I wanted to make sure of what I was buying and took a while to make up my mind." </p><p>Merle Kappelmann, owner of the Flamingo Inn in Daytona Beach Shores, said she forgot about the deadline while being on vacation the past two months. </p><p>"We are a small property, been here 30 years and maybe had 20 disabled guests," she said. "It will be difficult laying out that kind of expense for something that will sit by the pool rusting and unused." </p><p>But, for disability rights activists, the law is about equality. </p><p>"The disabled guests pay the same for a room at a hotel and even pay the facility fee for the amenities," Shaw said. "I have not heard of a hotel offering to reimburse a disabled guest because they could not access the pool, fitness room or spa." </p><p>Enforcement is complaint-driven. Pool owners, if a complaint is verified, could pay a civil fine of $55,000 for a first violation and $110,000 for a subsequent violation, according to Dena Iverson, a spokeswoman with the U.S. Justice Department.</p>